Powers of Attorney
At Bright Solicitors, we understand the importance of ensuring your financial and personal affairs are protected, even when you are unable to manage them yourself. Our Power of Attorney lawyers will offer you a personalised service, providing you with peace of mind and expert guidance every step of the way.
What is a Power of Attorney?
A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you are unable to do so. There are two main types of Lasting Powers of Attorney (LPAs):
- Property and Financial Affairs LPA: Manages your financial matters, including paying bills, managing bank accounts, and selling property.
- Health and Welfare LPA: Covers decisions about your healthcare, medical treatment, and living arrangements.
By creating an LPA, you ensure that your preferences are respected, and you choose who manages your affairs during critical times.
To read more detail about Lasting Powers of Attorney and the different types of LPA's click here.
Why Choose Us?
Bright Solicitors is committed to making the process of setting up Powers of Attorney simple and stress-free:
- Fixed-Fee Pricing: Clear and affordable fees with no hidden charges.
- Expert Guidance: Our team handles all paperwork, registrations, and legal formalities.
- Professional Certificate Provider: We act as a certificate provider at no extra cost.
- Personalised Advice: We explain the responsibilities of everyone involved, ensuring clarity and confidence.
The prestigious Legal 500 has awarded Bright Solicitors with an outstanding client service award, showcasing our commitment to excellent service across all areas of our firm.
Power of Attorney Lawyers | Our Expertise
Our Power of Attorney Lawyers have experience in a variety of LPA-related matters, including:
- Explaining and advising on all aspects of LPAs, including the duties and responsibilities of all the people involved.
- Completing all forms and paperwork and handling LPA registrations at the Office of the Public Guardian.
- Acting as a professional certificate provider at no additional charge.
- Providing fixed fees for the preparation and registration of LPAs to avoid hidden charges.
Get in Touch
Secure your peace of mind with Bright Solicitors. Contact us today to speak to one of our Power of Attorney Lawyers.
Call us at 01752 388883 or Email us at PrivateClient@brightllp.co.uk to arrange a consultation.
Useful Information on LPAs
Losing mental capacity and being unable to make decisions is something we all hope to avoid. Unfortunately, many people face this due to unexpected events like car accidents, workplace injuries, disabilities, strokes, or illnesses such as Alzheimer’s or dementia.
LPAs safeguard your future and your business. There are two types of LPAs: one handles Property and Financial Affairs, while the other addresses Health and Welfare issues.
This LPA allows your attorneys to make decisions about your property and finances when you cannot do so. They can manage your bank accounts, make investment decisions, handle property matters, and decide how to spend your money.
Business owners benefit greatly from this LPA because it ensures the business can continue functioning if capacity is lost. Attorneys can use this LPA only after registering it with the Office of the Public Guardian (OPG). Once registered, attorneys can act on your behalf, regardless of your mental capacity.
This LPA is especially useful if you are away for a long time or have a physical disability.
Your attorneys can only use this LPA after it has been registered with the OPG and only when you lack the capacity to make the decision in question.
The Mental Capacity Act 2005 introduced LPAs, which require attorneys to follow specific principles when making decisions for you. Each decision must be considered independently, as you may have the capacity to make some decisions but not others. Attorneys must assume you can make decisions unless they establish otherwise and must support you in the decision-making process as much as possible.
Appointing Attorneys
You can appoint one or more attorneys. If appointing multiple attorneys, you must specify whether they act:
- Jointly: All attorneys must act together.
- Jointly and Severally: Attorneys can act individually.
The joint and several appointment provides more flexibility. A joint appointment fails if any attorney cannot act due to incapacity, death, or other reasons.
Recommendations for Appointments
We recommend opting for a joint and several appointment. You can also name replacement attorneys. With a joint appointment, replacements step in only when none of the original attorneys can act. With a joint and several appointment, replacements can act if one attorney becomes unable to act.
It is possible to place restrictions on your attorneys but we would not recommend that you do so, unless there is an issue that you feel particularly strongly about. If you trust someone enough to be your attorney, then a restriction should not be necessary and may prevent them from taking action, to your detriment.
However one common restriction is used where a person is a business owner. It is possible to have one LPA appointing family to look after your personal affairs and another with business-minded people to make your business decisions for you.
No Automatic Rights for Family Members
Your spouse or children cannot automatically manage your affairs if you lose mental capacity. They cannot sell or purchase property, manage your bank accounts and investments, or run your business on your behalf.
Health and Care Decisions
Your spouse or children also lack the authority to make decisions about your health and care if you cannot do so.
Joint Accounts Can Be Frozen
If you lose capacity, banks may freeze any joint accounts held with your spouse or others.
Court of Protection Applications
Without an LPA, someone must apply to the Court of Protection to be appointed as your Deputy. This process is lengthy, expensive, and avoidable.
Plan Ahead with LPAs
Setting up LPAs in advance ensures your affairs are managed without complications. The key is to act while you are still mentally capable.
